'Cbc Conservative *
in court , and then others were chosen
who were acquainted with the foots in
dispute. But if some did and some did
not know the facts , the latter only were
removed , and others summoned in their
place , until twelve , at least , were found
who knew and agreed upon the points
in dispute.
If the jurors could not all agree ,
others were added to the number , until
twelve , at least , were found in favor of
one side or the other. This process
was known as "afforoing" the assize.
The verdict of the jury was final , and
there could be no subsequent action
brought upon the same claim. If the
jurors were guilty of perjury , and were
convicted or confessed their crime , they
were deprived of all their personal prop
erty , and were imprisoned for a year at
the least. They wore declared to bo in
famous , and become incompetent to act
as witnesses or compurgators in future ,
but were allowed to retain their free
holds.
This proceeding by assize was nothing
more than the sworn testimony of a
certain number of persons summoned ,
that they might testify concerning mat
ters of which they were cognizant. So
entirely did the verdict of the recogni-
tors proceed upon their own prejudgment -
ment of the disputed facts , that they
seem to have considered themselves at
liberty to disregard the evidence which
was offered in court , however clearly it
might disprove the case which they had
come to support. Although the usual
number of jurors was twelve , it was
not the invariable number of jurors of
assize for some years. When the insti
tution was in its infancy , the number
seems to have fluctuated , according to
convenience or local custom.
Unlike Modern Jury.
The trial by jury , as finally estab
lished , both in civil and criminal oases ,
by Henry II , the function of the jury
continued for a long time to be very
different from that of the jury of the
present day. The jurors were still mere
recognitors , giving their verdict solely
on their own knowledge 01 tne raots ,
or from tradition , and not upon evidence
produced before them. This was the
reason for their selection from the vicin
age or hundred in which the question
arose. Trial by jury was , therefore ,
in the infancy of the institution , only a
trial by witnesses , and jurors were dis
tinguished from other witnesses , only by
customs which imposed upon them the
obligation of an oath , and regulated
their number , and which prescribed
their rank and defined the territorial
qualifications from which they obtained
their status and their influence in the
community. Jurors , in determining
their verdict , were for a long time en
titled to rely upon their own knowledge
in addition to the evidence. Early in
the reign of Queen Anne , however , the
Court of Queen's Bench decided , that , if
a jury gave a verdict of their own
knowledge , they ought so to inform the
court , that they might be sworn as
witnesses. This and a subsequent case
in the reign of George I , terminated all
remains of the ancient , functions of
juries as recoguitors.
Origin of Office of Coroner.
The commencement of the office of
coroner is involved in obscurity. The
earliest statute , regulating and defining
the process of holding an inquest.is that
entitled De Officio Coronatoris , 4 Ed
ward I , St. 2 , ( year 1270 A. D. ) and this
enacs , that when coroners are directed
by the baliffs of the king , or probi hem
ines of the county , to go to those who
are slain or who have died suddenly ,
or have been wounded , or to house
breakers , or to places where treasure is
said to be found , they shall forthwith
proceed there , and command four of the
next towns , or five or six , to appear be
fore them in such a place , and when
they are come thither , the coroner , upon
oath of them , shall inquire , if it con
cerns a man slain , where he was slain ,
whether it were in a house , field , bed ,
tavern or company , and if any and who
were there.
"Likewise , it is to be enquired who
were , and in what manner culpable ,
either of the act , or of the force ; and
who were present , either men or
women , and of what age soever they bo
( if they can speak or have any discre
tion ) , and how many soever be found
culpable by inquisition , in any of the
manners aforesaid , they shall be taken
and delivered to the sheriff , and shall
be committed to jail ; and such as be
found and be not culpable , shall be at
tached until the coming of the justices ,
and their names shall be written in the
coroner's rolls. "
Then follow a number of minute reg
ulations , respecting the different kinds
of investigation. Although the jurors
are required to be summoned from the
nearest township , nothing is said con
cerning their number ; and the probab
ility is , that at this period , it was not
always the same , being determined by
the special circumstances of the cose.
Afterwards , however , following the
analogy -of the jury system in other
cases , it became a fixed rule of law that
twelve at least must concur in the find
ing of the inquest , in order that the
persons charged thereby , might be put
upon trial before a petit jury. The
number taking part in the inquest was
immaterial , provided that twelve
agreed. When the jurors were not
unanimous , it was the duty of the cor
oner to collect the votes , and to take the
verdict , according to the opinion of the
majority. If twelve could not agree ,
the jury was to be kept without meat ,
drink or fire , until they gave a verdict ;
but this rule was never enforced so as to
endanger life or health. Formerly ( in
England , of course ) if the jury was
unable to make a legal presentment ,
it was the custom for the coroner to
adjourn the proceedings from one place
to another , until Chief Justice Holt ,
about the year 1700 , held that this was
wrong , and that the case ought to be
adjourned to the assizes , "where the
judge will inform them ( the jurors )
better. "
[ CONCLUDED NEXT WEEK. ]
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For particulars , address ,
ROBT. W. FURNAS ,
' BROWNVILLE , NEB.
NATIONAL SHAWMUT BANK
BOSTON MASSACHUSETTS.
FEBRUARY 14 , 1901 ,
Capital . . . . $3OOOOOO.OO
Surplus and Undivided Profits - 1,962,442.32
Deposits - 31,330,831.39
Accounts of merchants , trustees and corpora
tions respectfully solicited.